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2002 No. 1476 (W.148)

FOOD, WALES

The Meat (Hazard Analysis and Critical Control Point) (Wales) Regulations 2002

  Made 30th May 2002 
  Coming into force
  except insofar as these Regulations apply in relation to any small meat establishment; and 7th June 2002, 
  insofar as these Regulations apply in relation to any small meat establishment 7th June 2003 

The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(b) and (f) and 17(1) of the Food Safety Act 1990[1] and now vested in the National Assembly for Wales[2] (and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act);

and being designated[3] for the purposes of section 2(2) of the European Communities Act 1972 [4] in relation to the common agricultural policy, in exercise of the powers conferred by that section so far as these Regulations amend the Products of Animal Origin (Import and Export) Regulations 1996[5]; and

After consultation as required by article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[6];

makes the following Regulations:

Title, application, interpretation and scope
     1.  - (1) These Regulations may be cited as the Meat (Hazard Analysis and Critical Control Point) (Wales) Regulations 2002 and apply to Wales only.

    (2) In these Regulations - 

    (3) Nothing in these Regulations shall apply in relation to any licensed red meat slaughterhouse which is used to process bovine animals under the purchase scheme introduced by Commission Regulation (EC) No. 716/96 adopting exceptional support measures for the beef market in the United Kingdom [9]

Commencement
     2.  - (1) Subject to paragraph (2) below, these Regulations come into force on 7th June 2002.

    (2) Notwithstanding paragraph (1) above, these Regulations come into force on 7th June 2003 in so far as they apply to any small meat establishment.

    (3) For the purposes of paragraph (2) above, a "small meat establishment" ("sefydliad cig bach") means - 

Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995
    
3.  - (1) In so far as they apply to Wales, the Fresh Meat Regulations are amended in accordance with the following paragraphs of this regulation.

    (2) The following sub-paragraph is inserted between sub-paragraphs (aA) and (b) of paragraph (1) of regulation 8 (supervision of premises) - 

    (3) In paragraph (1)(e) of regulation 8, the phrase ", 17, 17A, 17B, and 17C" shall be substituted for the phrase "and 17".

    (4) In sub-paragraph (d) of paragraph (1) of regulation 20 (duties of occupier) - 

    (5) In sub-paragraph (e) of paragraph (1) of regulation 20, the words "by virtue of" are substituted for the words "pursuant to".

    (6) The following sub-paragraphs are inserted between sub-paragraphs (e) and (f) of paragraph (1) of regulation 20 - 

    (7) The following paragraphs are added after paragraph (3) of regulation 20 - 

    (8) The following Schedules are inserted between Schedules 17 and 18 - 



Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
    
4.  - (1) In so far as they apply to Wales, the Poultry Meat Regulations are amended in accordance with the following paragraphs of this regulation.

    (2) The following sub-paragraph is inserted between sub-paragraphs (aA) and (b) of paragraph (1) of regulation 8 (supervision of premises) - 

    (3) In sub-paragraph (d) of paragraph (1) of regulation 18 (duties of occupier) - 

    (4) The following text is substituted for paragraph (1)(e)(iv) of regulation 18 - 

    (5) The following paragraph is added after paragraph (3) of regulation 18 - 

Consequential amendments
    
5. Insofar as the Products of Animal Origin (Import and Export) Regulations 1996 apply to Wales - 

"SI 2002/47 (W.6)

The Meat (Hazard Analysis and Critical Control Point) (Wales) Regulations 2002.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
11]


D. Elis-Thomas
The Presiding Officer of the National Assembly

30th May 2002



EXPLANATORY NOTE

(This note is not part of the Regulations)


    
1. These Regulations amend - 

in each case in so far as they apply to Wales. Both S.I. 1995/539 and S.I. 1995/540 apply to the whole of Great Britain. SI 1995/539 is amended by regulation 3 of these Regulations and SI 1995/540 is amended by regulation 4 of these Regulations.

    
2. These Regulations give effect in Wales to Commission Decision 2001/471/EC laying down rules for the regular checks on the general hygiene carried out by the operators in establishments according to Directive 64/433/EEC on health conditions for the production and marketing of fresh meat and Directive 71/118/EEC on health problems affecting the production and placing on the market of fresh poultry meat (OJ No. L165, 21.6.2001, p. 48). They come into force on 7th June 2002, except in relation to "small meat establishments"  -  defined in regulation 2(3)  -  in which case they come into force on 7th June 2003.

    
3. The effect of the amendments made to the Fresh Meat (Hygiene and Inspection) Regulations 1995 is that - 

     4. The effect of the amendments made to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 is that the occupier of any slaughterhouse used for slaughtering poultry, cutting premises used for cutting up fresh poultry meat, cold store used for the storage of fresh poultry meat or re-wrapping centre used for packing, wrapping or re-wrapping fresh poultry meat (in each case licensed under those Regulations) is obliged to conduct the regular checks on the general hygiene of conditions of production in those premises which are already required by regulation 18(1)(d) of those Regulations by implementing and maintaining a permanent procedure developed in accordance with certain HACCP principles.

    
5. Regulation 5 (made under section 2(2) of the European Communities Act 1972) makes a number of consequential amendments to the Products of Animal Origin (Import and Export) Regulations 1996 (SI 1996/3124, as already amended), so far as they apply to Wales.

    
6. A regulatory appraisal has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 1st Floor, Southgate House, Cardiff, CF10 1EN.


Notes:

[1] 1990 c. 16.back

[2] Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c.28).back

[3] SI 1999/2788.back

[4] 1972 c.68.back

[5] SI 1996/3124, amended by SI 1997/3023, SI 1998/994, SI 1999/683, SI 2000/656, SI 2000/1885 (W.131), SI 2000/2257 (W.150), SI 2001/2198 (W.158), SI 2001/2219 (W.159) and 2001/1660 (W.119).back

[6] OJ No. L31, 1.2.2001, p.1.back

[7] SI 1995/539, amended by SI 1995/731, SI 1995/1763, SI 1995/2148, SI 1995/2200, SI 1995/3124, SI 1995/3189, SI 1996/1148, SI 1996/2235, SI 1997/1729, SI 1997/2074, SI 2000/656, SI 2000/2257 (W.150), SI 2001/343(W.15), 2001/1508 (W.105), 2001/1740 (W.123), 2001/1802 (W.131), 2001/2627 (W.216), SI. 2001/3459 (W.279) and SI 2002/129 (W.17).back

[8] SI 1995/540, amended by SI 1995/1763, SI 1995/2200, SI 1995/2148, SI 1995/3205, SI 1997/1729, SI 2000/656, SI 2000/2257 (W.150), SI 2001/343 (W.15) and SI 2001/2198 (W.158).back

[9] OJ No. L99, 20.4.96, p.14.back

[10] The "ISO" is the International Organisation for Standardisation. All ISO Standards say that copies of them, and any subsequent revisions thereto, may be obtained from the Britiah Standards Institute (www.bsi-global.com).back

[11] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11090512 1


  Prepared 3 July 2002


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URL: http://www.bailii.org/wales/legis/num_reg/2002/20021476e.html